Do Minors Pay a Lower Attorney Fee in Connecticut? The Statutory Cap

By the FigureMyTax Editorial Team · How we calculate

Connecticut caps a contingency fee in an injury case by a sliding scale: 33⅓% of the first $300,000, then lower percentages. We found no separate lower rate for a child.

The schedule

General Statutes 52-251c(b) limits the fee, as a percentage of the damages or settlement received, to 33⅓% of the first $300,000; 25% of the next $300,000; 20% of the next $300,000; 15% of the next $300,000; and 10% of any amount above $1,200,000. The fee is the exclusive method of paying the attorney and excludes disbursements and costs.

A worked example

On a $100,000 settlement the cap is $33,333. On $500,000 it is $100,000 plus 25% of $200,000, or $150,000, which is 30%. On $1,000,000 it is $100,000 + $75,000 + $60,000 + $15,000 = $250,000, which is 25%. The Connecticut minor's settlement calculator applies the schedule.

The complex-case waiver

A claimant may waive the percentage limits if the case is so substantially complex, unique or different as to warrant it, for example serious permanent injury, complex medical issues or independent expert testimony. The attorney must first explain the limits and the claimant's right to find another lawyer, and the agreement must be in writing, set out the schedule, carry a boldface warning and be signed and acknowledged before a notary. Even then the total fee cannot exceed 33⅓% of the recovery, and costs need not be repaid if there is no recovery (52-251c(c) to (g)).

How the court fits in

When the Probate Court authorizes a settlement of a minor's claim, it may do so after the deduction of attorney's fees and costs (45a-151(b)). We did not find a statute that gives the Probate Court a separate fee-reasonableness standard for children, so ask the court how it reviews the fee.

Other amounts that come out

Costs, medical bills and liens, and probate costs also reduce the child's share. See what a lien can take from a settlement.

See the effect

Switch between the statutory schedule, a 33⅓% waiver and 25% in the calculator above, and read where the remaining money can be held.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Connecticut's rules apply to your specific case with a licensed Connecticut attorney.